Court : Allahabad
Reported in : AIR1961All309; (1961)IILLJ444All
..... owns many factories situate at distant places, the unity of ownership cannot be made the basis of the application of the provisions of the act. on similar grounds, the unity of management and control, supervision and finance cannot be of much help.geographical proximity is one of the pertinent questions, but not necessarily the sole test for determination ..... factories situate at great distances, some times in different states, may be owned by the same company and can be managed, controlled and financed by the same body; for example, in the present case, delhi cloth and general mills company limited owns companies situate not only in daurala but also at other places.one of their undertakings is ..... in delhi, the various undertakings owned by the petitioner are managed by one and the same company, namely, bharat ram and charat ram and company private ltd., as .....
Tag this Judgment!Court : Delhi
Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)
..... in case of seizure made, infringement or evasion of duty etc. detected under the provisions of the customs act, 1962, the central excises and salt act, 1944, the gold (control) act, 1968 and the foreign exchange regulation act, 1973. as a result of the review, revised guidelines were laid down in the memorandum dated march ..... that order for the purposes of investigation and adjudication the director (audit) in the directorate general of inspection and audit (customs & central excise), new delhi. according to him this power of transfer could be exercised only after hearing the petitioner, after recording of reasons in support of the transfer, after ..... the commissioner, northern india, was bifurcated into north west india and north east india and they were placed in charge of collectors with headquarters at delhi and calcutta respectively. the designation commissioner in the excise department was thus extinguished and the designation 'collector of central excise', as in the customs department .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... debates 1949, vol. 8, page 258) (emphasis supplied.)in other words the object of providing for such consultation clearly is that the same should act as a controlling or limiting factor on the discretion vested in the president while performing his executive function of making appointment of high court judges and neither the president nor ..... of those complaints were not without basis. the letter dated 19th february, 1981 in fact, contains inherent evidence to show that the chief justice of delhi was acting bona fide in addressing that letter to the law minister. he pointed out in the letter that he had received complaints against s.n. kumar both ..... court to pass appropriate orders or give necessary directions in this behalf. in support of these submissions statements containing statistical materials pertaining to bombay high court and delhi high court were relied upon and on the question of courts' power to grant appropriate reliefs reliance was placed upon two decisions of this court, namely, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; [1986]1SCR479; 1986(2)LC301(SC)
..... mineral development began to be increasingly felt and became highlighted during the second world war with the result that certain key minerals had to be controlled under the defence of india act, 1939. it was recognized that a planned and uniform policy of mineral development was essential to economic and industrial progress. after independence the government ..... grant of such leases would, therefore, include the power to fix the consideration payable by the lessee to the lessor in the shape of ordinary rent or surface rent, dead rent and royalty. if this were not so, it would lead to the absurd result that when the government grants a mining lease, it is granted ..... respect to the consideration for the grant. under section 15(1), therefore, the state governments have the power to make rules providing for payment of surface rent, dead rent and royalty by the lessee to the government. 42. the legislature and the rule-making authorities have also throughout understood the power to make rules in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1694; 2003(2)KarLJ276
..... tenant has filed this revision petition.4. during the pendency of these proceedings, the karnataka rent act, 1999 (hereinafter referred to as 'the new act'), came into force and the karnataka rent control act, 1961 was repealed, as a result of which, the fate of pending proceedings initiated under the repealed act has been hanging like a demolish sword. consequently, an important question as to entertaining such ..... case read as under.--'10. let us now consider section 57 of the control act of 1958 against the background of the scheme of the two control acts, as stated above. the first sub-section of section 57 repeals the control act of 1952 insofar as it is applicable to the union territory of delhi. if the repeal stood by itself the provisions of the general clauses .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H281
..... ejectment of the petitioners in the writ petition, in the court of the rent controller, union territory, chandigarh. the petitioners (who are the tenants), therefore, have filed this writ petition questioning the constitutional validity of the notification made under s. 87 extending the amending act no. 2 of 1985 to the union territory of chandigarh.8. the ..... to abdication of power, none i of these decisions have held that provisions like s. 87, or those that were considered an held valid in re, delhi laws act case (supra), were treated as impermissible delegation of legislative power. all the decisions have held that provision like s. 87 was intra vires an does not ..... and better. it is commonsense that the legislature must have intended to empower the central. government to extend the fuller and better law from the provinces to delhi even if an, older inadequate law on the same subject existed there. secondly, such a restriction would have been unworkable. it would be impossible to decide .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1107; [1965]2SCR477
..... as to limits of delegation by the legislatures constituted in india by the constitution has been the subject of elaborate consideration by this court in the delhi laws act cam,(1) and in the later decisions in yasantlal maganbhai sanjanwala v. the state of bombay and others (2);jyoti pershad v. the administrator ..... and establishment involving employment of a much larger staff and consequently very large additional expenses in order to exercise a better, fuller and more effective control and supervision of the cinema houses, having regard to the additional burden imposed by the cinema business at present times and the ever growing needs ..... delegates for implementing the legislation. this court, by a majority, answered this question in the negative. the decision proceeded on the basis that the fixation of rent was an essential legislative function. it was, however, held that the legislature had enunciated the principles subject to which the delegates could exercise its subsidiary powers .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)
..... this word has been defined in subsequent legislation. in august 1981 trade in certain forest produce in orissa was made a state monopoly and the orissa forest produce (control of trade) act, 1981 (orissa act no. 22 of 1981), was passed to achieve that purpose. the list of forest produce set out in the definition of that term given in clause (c ..... , sheds, depots, bungalows, staff offices, agencies and other buildings of a like nature bonafide required by it 'for the purposes of the business connected with' the bamboo contract rent free for the term of such contract. under clause xvi, in the event of the grantor setting fire to the forest for silvicultural purposes, it was to give to the ..... to this act. the following have been held to be immovable property:varashasan or annual allowance charged on land; a right to collect dues at a fair held on a plot of land; a hat or market; a right to possession and management of a saranjam; a malikana; a right to collect rent or jana: a life interest in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1884; (1977)3SCC160; [1977]3SCR603; 1977(9)LC461(SC)
..... for eviction of the former on the ground that the premises were required under section 13(1)(hhh) of the bombay rents (hotel and lodging houses rates control) act, 1947 (hereinafter referred to as 'the bombay rents control act, 1947') for the immediate purpose of demolition ordered by the local authority i.e. the town planning authorities and the bombay ..... the state of madras (1) : [1951]2scr621 the state of uttar pradesh v. seth jagamander das and ors. (2) : air1954sc683 and gopi chand v. the delhi administration (3) (1959) supp. 2 s.c.r. 87. (2) that the municipal commissioner, bombay, having ceased to have a statutory, existence on the expiry of the bombay ..... that prosecution could not be commenced for contravention of the non ferrous metals control order (1942) after the expiry of the defence of india act under which it had been made because that would amount to the enforcement of a dead act. 22. gopi chand v. the delhi administration (supra) (3) was also a criminal case where this court .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5599
..... anr. with mahendra raj v. union of india and colonel ashoka puri, : [1991]1scr364 34. all the above decisions refer to delhi rent control act.section 14(1)(e) of the said act deals with the grounds of bonafide need of the landlord (general ground). during the pendency of the proceedings for eviction of the tenant ..... nath khetan and ors. etc., : [1977]2scr190 42. the above decisions again deal with delhi rent control act and also karnataka rent act of 1999 (new act). the principles laid down in the above decisions are to the effect that the jurisdiction of the controller is confined to consider the affidavit of the tenant and rejoinder application of the landlord, if ..... each case whether the legislature intended the person to do a particular act in a particular manner. while comparing the special procedure contemplated under section 25-b of the delhi rent control act with that of the procedure under section 37(1) of the said act pertaining to general grounds of eviction, the apex court in the .....
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